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| 18 November 2004 | Thursday | 05 Shawwal 1425 |
Non-appointment of acting CEC decried
ISLAMABAD, Nov 17: The Pakistan People's Party (PPP) has questioned the non-appointment of acting Chief Election Commissioner (CEC) during the absence of the present incumbent.
In a press statement issued here on Wednesday, the PPP said: "Article 217 of the Constitution says that whenever the CEC is absent or is unable to perform the functions of his office due to any other cause, a judge of the Supreme Court nominated by the Chief Justice of Pakistan shall act as the CEC."
A question asked in the Senate in February said how many foreign trips the CEC had undertaken during 2003 and whether an acting CEC was appointed during his absence.
The Senate was informed that during 2003 the CEC had been on foreign trips for 36 days and had travelled to Japan, UK and Thailand, but no acting CEC was appointed during these visits.
Farhatullah Babar of the PPP then asked as to what were the reasons for not appointing an acting CEC as required under the Constitution. In reply, the Senate was informed on October 28 that the acting CEC was not appointed because "Article 9A of the Election Commission Order 2002 (Chief Executive's Order No. 1 of 2002) provides that the CEC may require any member of the Election Commission to exercise and perform all or any of his powers and functions."
The government said the CEC was performing his functions through his delegates during his visits abroad. A copy of the order purported to be delegation of powers in respect of the CEC during his absence abroad was also attached with the reply.
However, the copy was that of a November 2002 notification wherein the four members of the Election Commission were directed by the CEC under the Local Government Election Order 2000 to perform the functions of the CEC in the jurisdictions of Sindh, Lahore, Peshawar and Balochistan high courts.
Mr Babar has now asked whether the delegation of powers of the CEC is to be done through nomination of a Supreme Court judge by the Chief Justice under Article 217 of the Constitution or by the CEC to a member of the commission under the Election Order 2002.
Further, whether in the future also the powers of the CEC would continue to be delegated in his absence to member of the Election Commission under the Election Order 2002 or a judge of the Supreme Court would be nominated by the Chief Justice to act as the CEC?
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